Case law

United States v. Oliver Devaun O'Sullivan

361 F. App'x 993 · Court of Appeals for the Eleventh Circuit · Jan 22, 2010

O’Sullivan argues that a defendant may qualify for safety-valve relief and maintain his innocence at the same time. … We need not decide that issue because the district court did not clearly err in finding that O’Sullivan failed to qualify for relief.

Delgado v. Smith

861 F.2d 1489 · Court of Appeals for the Eleventh Circuit · Nov 4, 1988

Moreover, Gerena-Valentin does not provide any factual detail; for example, it does not appear that New York played any part in establishing the form or contents of the petitions in that case. … Clearly, the substance of the speech to be communicated is not affected by the Spanish translation of the proposal. As the Court noted in Anderson v.

Phillip Alexander Atkins v. Harry K. Singletary

965 F.2d 952 · Court of Appeals for the Eleventh Circuit · Jun 25, 1992

First, the affidavit alone establishes nothing. … This late-night questioning fails to qualify as coercion or overreaching by the police.

Lindsey Jones v. CitiMortgage, Inc.

666 F. App'x 766 · Court of Appeals for the Eleventh Circuit · Nov 9, 2016

JP Morgan Chase Bank, 743 S.E.2d 428, 430 (Ga. 2013) (“Georgia law clearly authorizes the use of ‘non- judicial power of sale foreclosure’ as a means of enforcing a debtor’s obligation to repay a loan secured by real property … To establish a § 1983 claim, the plaintiff must show that the conduct complained of (1) was committed by a “state actor” and (2) “deprived the complainant of rights, privileges, or immunities secured by the Constitution

Noble Prestige Limited v. Craig Thomas Galle

83 F.4th 1366 · Court of Appeals for the Eleventh Circuit · Oct 16, 2023

immunity defense). … The Arbitral Awards that Noble seeks to confirm and enforce were issued as part of an arbi- tration brought by Noble to collect on the debt established by the Facility Agreement.

Florida East Coast Railway Co. v. City of West Palm Beach

266 F.3d 1324 · Court of Appeals for the Eleventh Circuit · Sep 27, 2001

The factual findings supporting the district court’s conclusion are not clearly erroneous. … Against this presumption of validity, we conclude that the application of the ordinances against Rinker, based on the facts found by the district court, does not qualify as “regulation of rail transportation” and does

Elizabeth A. Nichols v. CSG Systems

245 F. App'x 937 · Court of Appeals for the Eleventh Circuit · Aug 27, 2007

against her by refusing to give her work in places other than the production floor, whether she in fact received the study is not relevant to her claim that she was denied work in other parts of CSG’s facility, because she clearly … Because Nichols has not established a prima facie case of retaliation on her first claim, she also has not established a prima facie case on the second one.

United States v. Diego Choxj Cha, William J. Erickson

431 F. App'x 790 · Court of Appeals for the Eleventh Circuit · Jun 20, 2011

Accordingly, Sac did not qualify for the safety valve exception because he failed to provide the government with any information about the distribution. … The district court did not clearly err in holding Erickson accountable for the 917 marijuana plants found on Sager’s property. The record shows that Erickson and Sager were involved in a marijuana grow operation.

Frederick Leto v. Cindy Cutro

315 F. App'x 800 · Court of Appeals for the Eleventh Circuit · Feb 24, 2009

Where, as here, the district court has affirmed the bankruptcy court’s findings, “we will apply the clearly erroneous doctrine with particular rigor.” … As the district court correctly noted, “once those two transfers qualify under § 727(a)(2)(A), challenges to the other two transfers become moot.”

United States v. Gabriel Brown

Court of Appeals for the Eleventh Circuit · Aug 7, 2025

He first argues that his 2007 and 2009 Georgia cocaine convictions don’t qualify as “controlled substance offenses” under U.S.S.G. … Date Filed: 08/07/2025 Page: 11 of 11 23-13804 Opinion of the Court 11 reasonably believed that the shooter was in the car, the location of the car established

United States v. Alexander Michael Roy

761 F.3d 1285 · Court of Appeals for the Eleventh Circuit · Aug 5, 2014

Instead of being “substantially similar” to this case, as the majority believes, the facts in Green are clearly distinguishable. … and irrefutably the record establishes that there was no prejudice.

Timothy D. Carr v. Derrick Schofield

364 F.3d 1246 · Court of Appeals for the Eleventh Circuit · Mar 31, 2004

Further, we can grant federal habeas relief only where the state court’s decision (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, … Carr I, 480 S.E. 2d at 593-94. 21  The district court found “no decision contrary to or involving an unreasonable application of clearly established federal law as determined

United States v. Covington

565 F.3d 1336 · Court of Appeals for the Eleventh Circuit · Apr 22, 2009

The telephone system is clearly a “facility of interstate . . . commerce.” 18 U.S.C. § 1958(b); see also United States v. Drury, 396 F.3d 1303, 1311–12 (11th Cir. 2005). … In keeping with that instruction, the Court has established that trading a gun for drugs is “use” of a gun, Smith v. United States, 508 U.S. 223, 228–30, 113 S.

United States v. Hollomon

Court of Appeals for the Eleventh Circuit · May 22, 1997

Petersburg Police Department established an interdiction operation on Interstate 275, immediately north of the Skyway Bridge. … Contrary to the assumption inherent in Holloman's argument, the canine sniff that provided the probable cause to search Appellant Holloman's pickup truck in the present case does not qualify as a search for Fourth Amendment

Billy Sunday Birt v. Charles N. Montgomery, Warden, Georgia State Prison

725 F.2d 587 · Court of Appeals for the Eleventh Circuit · Feb 13, 1984

This analysis is clearly wrong in light of the fact that Birt never filed a motion for a continuance. … clearly established a prima facie case of an equal protection violation.

Eric Christopher Barrass v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit · Mar 7, 2019

Supreme Court precedent establishes that criminal defendants have a clearly established right to present a meaningful defense. … The state courts also reasonably applied clearly established federal law in excluding Travis’s hearsay.

Bruce Henry v. Sheriff of Tuscaloosa County, Alabama

Court of Appeals for the Eleventh Circuit · Jul 6, 2026

We don’t qualify that right by a father’s “misconduct,” like being “unwed.” … So it’s clear that, by “drunkard” and “man of gross immoralities,” the court meant individuals who unambig- uously qualify as both.

Florida Manufactured Housing Ass'n v. Cisneros

53 F.3d 1565 · Court of Appeals for the Eleventh Circuit · Jun 12, 1995

In order to achieve these objectives, the Act authorizes the Secretary of HUD to "establish by order appropriate Federal manufactured home construction and safety standards. … The verb "issue" clearly refers to 724 (6th Cir.1989); Hi-Craft Clothing Co. v. NLRB, 660 F.2d 910, 914-15 (3d Cir.1981).

Anthony Bertolotti v. Richard Dugger, Secretary, Florida Department of Corrections

883 F.2d 1503 · Court of Appeals for the Eleventh Circuit · Aug 31, 1989

Clearly the failure to obtain such an evaluation constituted deficient performance. B. Prejudice. … He has evaluated approximately 185 violent criminals and was qualified as an expert witness by the trial court.

Freddie Mitchell v. City of Lafayette

Court of Appeals for the Eleventh Circuit · Jan 28, 2013

They argue that, even if that showing was insufficient, they established a prima facie case by showing that they were more qualified than younger employees who were retained in the same positions they had occupied, that … Further, the evidence that Mitchell and McSears argue indicates that they were better qualified than younger employees who were retained in the RIF does not necessarily show that they were, in fact, more qualified at the